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STATE MUT. LIFE ASSUR. CO. v. SCHULTZ

No. 9395.

111 F.2d 1009 (1940)

STATE MUT. LIFE ASSUR. CO. OF WORCESTER, MASS., v. SCHULTZ et al.

Circuit Court of Appeals, Ninth Circuit.

May 11, 1940.

Attorney(s) appearing for the Case

Robert R. Rankin, of Portland, Or. (Wood, Matthiessen & Rankin, of Portland, Or., of counsel), for appellant.

Wilson S. Wiley, of Klamath Falls, Or., and Ralph H. King and Borden Wood, both of Portland, Or. (McCamant, Thompson, King & Wood, of Portland, Or., of counsel), for appellees.

Before GARRECHT, HANEY, and HEALY, Circuit Judges.

HANEY, Circuit Judge.

Appellees recovered judgment against appellant on an insurance contract issued by appellant on the life of one Lundell, in which appellees were named as beneficiaries.

A tonsillectomy was performed on deceased on May 12, 1928.

By an agreement effective September 15, 1936, appellant employed one Eller "for the purpose of canvassing for applications for insurance and annuity contracts in [appellant company] on the lives of persons...

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